Terms of Use & Service Level Agreement

By accessing any web portal, staging environment, production application, API, or service managed by iCanSoft India ("iCanSoft", "we", "us", or "our"), the engaging commercial organization ("Client", "Licensee", or "Customer") agrees to be legally bound by these Terms of Use and all incorporated Master Services Agreements (MSAs), Statements of Work (SOWs), and Service Level Agreements (SLAs).

Individuals executing these agreements represent and warrant that they possess express corporate authority to contractually bind their organization to all operational and financial commitments outlined herein.

iCanSoft retains all right, title, and interest in and to our proprietary foundational software architectures, source code frameworks, algorithms, and modules (including iCanERP, iCanLogistics Pro, iCanElevator AMC, and iCanHospitality).

Subject to timely licensing fee fulfillment, iCanSoft grants the Client an enterprise, non-exclusive license for internal commercial utilization. Crucially, the Client retains 100% undisputed title, ownership, and copyright over all business records, uploaded customs trade declarations, customer lists, and proprietary workflows hosted within the software.

The Client explicitly covenants not to, directly or indirectly through third-party agents:

• Decompile, reverse-engineer, or disassemble any binary components, obfuscated code, or internal APIs of the software suites.
• Sublicense, re-sell, lease, or operate the software as a multi-tenant commercial service bureau without formal mutual written amendment.
• Conduct uncoordinated security penetration scans against iCanSoft cloud servers without prior authorization and mutually agreed testing windows.

For cloud-hosted and managed applications maintained under an active Application Maintenance Contract (AMC):

• Availability SLA: We guarantee 99.99% monthly operational uptime, excluding scheduled off-peak maintenance announced with at least 48 hours advance notice.
• P1 Critical Outage Triage: Immediate engineering triage within fifteen (15) minutes for severe production incidents, with continuous hourly executive updates until restoration.
• Disaster Recovery RTO & RPO: Automated cross-region cloud replication targeting Recovery Point Objective (RPO) < 5 minutes and Recovery Time Objective (RTO) < 30 minutes.

All commercial consideration, engineering rates, and hosting tiers are governed by agreed Statements of Work. Invoices are payable under Net-30 terms unless explicitly contracted otherwise. Applicable Goods and Services Tax (GST) or international withholding taxes are itemized transparently in compliance with Indian and international trade regulations.

Any scope enhancements outside predefined project milestones follow structured Engineering Change Orders (ECOs) approved by both technical leads prior to code implementation.

Both parties agree to hold all proprietary trade secrets, software blueprints, database schemas, and customer lists in strictest confidence, employing at least the standard of care used to protect their own most critical intellectual assets.

Confidential disclosures shall not be disseminated to any third parties without prior written consent, and non-disclosure obligations shall survive contract termination or expiry for a mandatory minimum period of five (5) consecutive calendar years.

iCanSoft warrants that all software engineering, cloud architectures, and maintenance deliverables will be performed in a professional, workmanlike manner in conformity with modern industry standards and verified acceptance criteria.

Neither party shall be liable for indirect, incidental, punitive, or consequential damages. Except in instances of gross negligence or willful misconduct, iCanSoft's total cumulative liability arising under any service agreement shall not exceed the aggregate fees received from the Client in the twelve (12) month period immediately preceding the event giving rise to liability.

Either party may terminate a service agreement upon thirty (30) days written notice for uncured material breach. Crucially, contract conclusion triggers an immediate data export protocol where iCanSoft delivers complete database dumps (SQL/JSON) to the client within fifteen (15) business days.

These terms are governed by the laws of India. Any controversy, claim, or dispute arising out of or relating to these terms shall be settled through binding commercial arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996, with proceedings seated in Pune, Maharashtra, India.